Reference your subsequent comments:
- Most of what I have written in response to you is factual, so I am not sure how that is condescending. If you believe that any of the below is incorrect I am happy to amend as required.
- With respect to the GDPR issues, you have chosen to raise this matter in a public forum, in fact across several public forums, and specifically raised the issue of your credit report. As you have raised this matter, I have every right to respond with the relevant details and explain that far from just ‘not liking’ your credit report, you had withheld relevant information that was critical to your suitability for the property. I have checked this matter with the Information Commissioner’s Office and they do not see any breach in data protection here.
Hi Mark,
Thanks for proving to me that no good deed goes unpunished.
Let’s be clear about what happened here. You stated in your pre-application questionnaire that you did not have any County Court Judgements for debts against your name. When we conducted the credit check we actually found that this was not the case. I spoke to you about the matter and you clearly knew this was the case.
So, first point to make clear, you lied on your pre-application form. If you had told me the truth I would not wasted my or your time with a viewing or with negotiating the price for you with the landlord, as I did.
When the landlord accepted your reduced offer you paid a holding deposit to secure the property. The terms and conditions of the holding deposit were clear. Let me quote for clarity:
The Holding Deposit can be retained by the agent if:
• The Applicant provides false or misleading information, and the Landlord or his Agent is reasonably entitled to take into account the Applicant’s actions in providing false or misleading information or the difference between the false and correct information in deciding whether to grant a tenancy to the Applicant;
In paying the holding deposit you accepted these terms and conditions.
Your failure to answer questions about your application accurately was a major factor in determining if you would be a suitable tenant or not.
I was well within my rights to withhold the entire holding deposit of £345 from you on the basis of your false information.
We incurred significant costs due to your lie. The referencing did only cost £12. However, you wasted significant time in the business because of your failure to disclose material facts about your application. You wasted our time processing and setting up your viewing, you wasted my time traveling to the property (over the other side of town from me), you wasted my time during the viewing, my time travelling back from the viewing. You wasted the time it took to set up the tenancy on the system, to set up the referencing request and to review the referencing results, as well as then to contact you to discuss the referencing results.
That’s all time I could have been dealing with someone who was not misleading me and would have passed referencing, or dealing with other important issues in the business.
However, you failed referencing and I felt bad for you. So out of kindness I agreed to charge you for the referencing costs and a nominal additional amount, and to repay the holding deposit minus only £20. I did not have to do this, and keeping all of the holding deposit would not have been stealing in any way at all.
You should be giving me a 5 star review along the lines of, “I applied for a property, I lied on my application, the agent found me out but instead of keeping all of my holding deposit, which he was well within his rights to do, he only charged me a nominal amount to cover a fraction of his costs. Thank you for being so understanding – 5 star review!”.
Instead I get a 1 star review. I think you need to take a good hard look at yourself.